Neighborhood Organization Request Format

2009 HOUSING TAX CREDIT UNIFORM APPLICATION- TEMPLATES AND FINANCIALS
Texas Department of Housing and Community Affairs (TDHCA)
Mailing Address:P.O. Box 13941, Austin, Texas78711-3941
Physical Address:221 East 11th Street, Austin, TX78701

Table of Contents

TEMPLATES

NEIGHBORHOOD ORGANIZATION REQUEST FORMAT......

PUBLIC NOTIFICATIONS FORMAT (WRITTEN)

PUBLIC NOTIFICATIONS FORMAT (SIGNAGE)......

SAMPLE RESOLUTIONS......

LEGAL OPINION LETTER FOR NONPROFIT SET-ASIDE APPLICANTS......

FINANCIALS: PARTICIPANTS IN THE APPLICATION INFORMATION......

Section 1. Authorization to Release Credit Information/Certification of Financials

Section 2. Financial Statement......

TEMPLATES

NEIGHBORHOOD ORGANIZATION REQUEST FORMAT

[To be Used as Template for meeting the requirements of §49.8(d)(3)(A), as certified in Tab 3 of the Pre-Application, Certification of Notifications at Pre-Applicationand/or §49.9(h)(8)(A)(i), as certified in Volume 3, Tab 3, Certification of Notifications]

[Date]

[Local Elected Official]

[Address]

[City, State Zip]

Dear [Local Elected Official],

[Applicant Name] is considering a possible submission of an application for [Name all TDHCA Programs this application is for] through the Texas Department of Housing and Community Affairs (the “Department”). Pursuant to the Department’s rules, this letter serves as a request for a list from your records of any neighborhood organizations which are on record with the county or state and whose boundaries include the following area: [Include detailed description of the proposed development site and/ or a map with the development site clearly outlined. For the purposes of this request ONLY, if you do not know the exact boundaries of the site that you may propose, you may expand the boundaries to include an entire city. However, all notifications must be made pursuant to §49.8(d)(3)(B) and/or §49.9(h)(8)(A)(ii) and/ or 35.6(d)(16)of the Multifamily Housing Revenue Bond Rules].

If there are no such neighborhood organizations on record with your municipality or county, or if your office does not keep these records and you know the appropriate entity to request this list from, please respond by letter, email or fax stating such. Please respond by [Insert date of full application submission deadline or prior].

Please note that this request is to ensure compliance with §§2306.6704(b)(1) of Texas Government Code, which requires that we notify “any neighborhood organizations on record with the state or county in which the development is to be located and whose boundaries contain the proposed development”. This notification must be made prior to submitting an application to the Department. Unfortunately, although this is a statutory requirement that must be met, there is not a specific central agency with the state that keeps a searchable list of these neighborhood organizations and their boundaries.

In general, neighborhood organization lists are kept within local municipalities; therefore, we are required to request a list of these neighborhood organizations from your office no later than [insert deadline] to be eligible for the [Insert all TDHCA Programs this application is for]. Should we decide to submit an application, we are required to use any list you provide to identify all neighborhood organizations on record with the state or county whose boundaries include the proposed development site. We will notify all of those neighborhood organizations prior to submitting an application to the Department.

It should also be noted that if we choose to submit an application, we are required to notify you under separate letter prior to submitting the proposed application. That notification will provide details of all relevant information to the proposed application. If you do not receive this notification, it is because we have decided not to submit an application to the Department.

I thank you in advance for any assistance in meeting these statutory requirements.

Sincerely,

[Representative of the Applicant Name]

[Title]

[Name, Address, email, fax and telephone number if not on letterhead]

PUBLIC NOTIFICATIONS FORMAT (WRITTEN)

[To be Used as Template for meeting the requirements of §49.8(d)(3)(B), as certified in Tab 3 of the Pre-Application, Certification of Notifications at Pre-Application §49.9(h)(8)(A), as certified in Volume 3, Tab 3, Certification of Notifications]

An Applicant must notify the appropriate individuals and entities, pursuant to §§49.8(d)(3)(B)(ii) through (ix) and 49.9(h)(8)(A)(ii)(II-IX) of the QAP. Provide the following information in the notification.

In accordance with §§49.8(d)(3)(B) and 49.9(h)(8)(A) and the written notification alternative of (B) of the QAP, this exhibit sets forth the language to be used the notifications to all individuals and entities listed below and identified in the QAP:

All neighborhood organizations on record with the city, county or state whose boundaries include the proposed development site identified in the requests for neighborhood organizations pursuant to §§49.8(d)(3) and 49.9(h)(8)(A)(i)
Superintendent of the school district containing the Development
Presiding officer of the board of trustees of the school district containing the Development
Mayor of the governing body of any municipality containing the Development
All elected members of the governing body of any municipality containing the Development
Presiding officer of the governing body of the county containing the Development
All elected members of the governing body of the county containing the Development
State senator of the district containing the Development
State representative of the district containing the Development
If no signage is installed, all addresses identified in §49.9(h)(8)(B) [does not apply at pre-application).

[Template for Notice is on the following page]

NOTICE TO PUBLIC

(Applicant Name) is making an application for [TDHCA Multifamily Rental Program] with the Texas Department of Housing and Community Affairs for the (development name, address, city, and county). This (New Construction/Rehabilitation/Reconstruction development) is an (apartment, single family, townhome, highrise, duplex, scattered site, etc.) community comprised of approximately (#) units of which (% of total) will be for tenants with approximate incomes less than (80%, 60%, 50%, 40% or 30%, which ever is applicable, must each separately be listed) of the area’s median income. For a family of (1, 2, 3, and 4) those approximate income levels are…(provide the income level for each AMGI range for each size of family). The total restricted income percentage of the Development is (% of total). The Development will serve (family, intergenerational, elderly) households. The number of units and proposed rents (less utility allowances) for the subject property’s tax credit units are:

(# of) – 1 Bedroom Units for $______

(# of) - 2 Bedroom Units for $______

(# of) - 3 Bedroom Units for $______

(# of) - 4 Bedroom Units for $______

(If the development contains market rate units, the following text should also be included.)

The development will also offer market rate units not restricted as to income. The number of units and proposed rents for the subject property’s market rate (non-tax credit program) units are:

(# of) - 1 Bedroom Units for $______

(# of) - 2 Bedroom Units for $______

(# of) - 3 Bedroom Units for $______

(# of) - 4 Bedroom Units for $______

There will be a public hearing to receive public comment on the proposed development. Information regarding the date, time, and location of that hearing will be disseminated at least 30 days prior to the hearing date.

If awarded, this development would be ready for occupancy by approximately (expected completion date). For more information on this notice, please contact (Applicant Name, individual contact name, address and phone number of Applicant contact). For information on the Housing Programs, see

NOTE: If the public hearing information is not available at the time the written notifications, as an alternative to signage, are mailed then the Applicant must notify as required in accordance with §49.9(h)(8)(B) of the QAP and §35.6(h)(1) of the Multifamily Housing Revenue Bond Rules and the Applicant must re-notify to indicate the public hearing information once it has been confirmed.

PUBLIC NOTIFICATIONS FORMAT (SIGNAGE)

[To be Used as Template for Sign Posted on Site]

In accordance with §49.9(h)(8)(B) of the QAP and §35.6(h)(1) of the Multifamily Housing Revenue Bond Rule, this exhibit sets forth the size and content requirements for the sign posted on the development site satisfying this requirement.

The sign must:

be at least 4 feet by 8 feet in size;
located within twenty feet of (or as close as the site boundaries permit), and facing, the main road adjacent to the site;
For tax exempt bond applications, regardless of the Issuer or Priority, the sign must be installed on the site within thirty (30) days of the Volume 1 and II submission AND the date, time and location of the bond public hearing must be included on the sign no later than thirty (30) days prior to the scheduled public hearing;
For 9% applications, the sign must be installed on the site on or before March 1 AND the date, time and location of the hearing must be included on the sign no later than thirty (30) days prior to the public hearing. These consolidated hearings are scheduled by the Department and notice will be sent via the Department’s List Serve.

The sign shall be continuously maintained on the site until the day that the Board takes final action on the Application for the development. The information and lettering on the sign must meet the requirements below. The requirements below are MINIMUM requirements; the Applicant/Developer may choose to provide more information, use different fonts and colors, etc.

NOTICE TO PUBLIC

(5 inch lettering above)

PROPOSED MULTIFAMILY RESIDENTIAL RENTAL COMMUNITY

(4 inch lettering above)

(2 inch lettering below)

[Applicant Name (LP)] has made application to the Texas Department of Housing and Community Affairs for Housing Tax Credits for the development of a proposed multifamily residential rental community [Development Name] to be located at [Street Address], [City], [County], [State] [Zip]. This development community will be comprised of [Total # of] units on [# acres].

There will be a public hearing to receive public comment on the proposed development.

Date:______Time:______

Location:______

For information on the proposed application including how to qualify or leasing information, please contact [Applicant Contact Name (can be Owner, Developer, Consultant, etc.)] with [Developer Name] located at [Address], [City], [State] [Zip] and telephone number is [Telephone Number].

To submit comment on this application or to inquire about the Housing Programs in general, contact the Texas Department of Housing and Community Affairs, 221 East 11th Street, Austin, Texas 78701 or by telephone at (512) 475-3340 or view our website at

SAMPLE RESOLUTION FOR USE BY A LOCAL Governing Body FOR SATISFYING §49.5(a)(7),

“Greater than 2x Per Capita”

ONLY FOR APPLICANTS APPLYING FOR HTCs AND/OR PRIVATE ACTIVITY BONDS

Whereas, [applicant] has proposed a development for affordable rental housing at [address of proposed site] named [name of development] in the [city/county of x];

Whereas, [applicant] intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2009 Housing Tax Creditsor Tax-Exempt Bonds for [name of development];

Whereas, pursuant to §49.5(a)(7), Texas Administrative Code, we acknowledge that the [city/county of x] has more than twice the state average of units per capita supported by Housing Tax Credits or Private Activity Bonds; and

Be it therefore resolved that:

The [city/county of x] hereby supports the proposed [name of development], and have voted specifically to approve the construction of the Development and to authorize an allocation of Housing Tax Credits for the Development.

Resolved this date….[city/county to use its format for resolutions].

NOTE: This sample resolution does not cover any other selection, eligibility or threshold criteria items that may require a local resolution for an application. Presence of a resolution based on this template does not in and of itself qualify the application for points, but is merely a template that can be used by applicants to help them work towards satisfying the requirement relating to a resolution from the local Governing Body for §49.5(a)(7), “Greater than 2x Per Capita”.

SAMPLE RESOLUTION FOR USE BY A LOCAL GOVERNING BODY FOR SATISFYING §49.5(A)(8),

“One Mile, Three Year Rule”

ONLY FOR APPLICANTS APPLYING FOR HTCs

Whereas, [applicant] has proposed a development for affordable rental housing at [address of proposed site] named [name of development] in the [city/county of x];

Whereas, [applicant] intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2009 Housing Tax Creditsor Tax-Exempt Bonds for [name of development];

Whereas, pursuant to §49.5(a)(8), Texas Administrative Code, we acknowledge that the proposed New Construction or Adaptive Reuse Development is located one linear mile or less from a Development that serves the same type of household as the new Development and has received an allocation of Housing Tax Credits (including Tax Exempt Bond Developments) for New Construction since December 8, 2005.

Be it therefore resolved that:

The [city/county of x] hereby supports the proposed [name of development], and have voted specifically to approve the construction of the new Development and to authorize an allocation of Housing Tax Credits for the Development.

The [city/county of x] believes there is a need for additional affordable housing units in ______.

Resolved this date….[city/county to use its format for resolutions].

SAMPLE RESOLUTION FOR USE BY A LOCAL GOVERNING BODY FOR SATISFYING §49.6(e),

“Limitation on the Size of Developments”

ONLY FOR APPLICANTS APPLYING FOR HTCs, AND/OR PRIVATE ACTIVITY BONDS, AND/OR HOME

Whereas, [applicant] has proposed a development for affordable rental housing at [address of proposed site] named [name of development] in the [city/county of x];

Whereas, [applicant] intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2009 Housing Tax Credits, Tax-Exempt Bonds, or TDHCA HOME funds for [name of development];

Whereas, pursuant to §49.6(e), Texas Administrative Code, we acknowledge that the proposed New Construction or Adaptive Reuse Development exceeds the limitation on the size of Developments.

Be it therefore resolved that:

The [city/county of x] believes there is a need for additional affordable housing units in [city/county of x] and we have reviewed a market study that supports the need for additional Units.

Resolved this date….[city/county to use its format for resolutions].

SAMPLE RESOLUTION FOR USE BY A LOCAL GOVERNING BODY FOR SATISFYING §49.6(g),

“Greater than 30% Housing Tax Credit Units per Total Households in Census Tract”

ONLY FOR APPLICANTS APPLYING FOR HTCAND/OR PRIVATE ACTIVITY BONDS

Whereas, [applicant] has proposed a development for affordable rental housing at [address of proposed site] named [name of development] in the [city/county of x];

Whereas, [applicant] intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2009 Housing Tax Creditsor Tax-Exempt Bonds for [name of development];

Whereas, pursuant to §49.6(g), Texas Administrative Code, we acknowledge that the proposed New Construction or Adaptive Reuse Development is located in a census tract that has more than 30% Housing Tax Credit Units per total households in the census tract.

Be it therefore resolved that:

The [city/county of x] believes there is a need for additional affordable housing units in ______.

Resolved this date….[city/county to use its format for resolutions].

SAMPLE RESOLUTION FOR USE BY A LOCAL POLITICAL SUBDIVISION FOR SATISFYING §49.9(i)(5), “Authorization to Apply for HOME Funds on Behalf of the LPS”

ONLY FOR APPLICANTS APPLYING FOR HTCAND TDHCA HOME FUNDS

Whereas, [applicant] has proposed a development for affordable rental housing at [address of proposed site] named [name of development] in the [city/county of x];

Whereas, [applicant] intends to submit a joint application to the Texas Department of Housing and Community Affairs (TDHCA) for 2009 Housing Tax Credits and HOME Investment Partnership Program funds for [name of development];

Whereas, §49.9(i)(5), Texas Administrative Code, which gives Housing Tax Credit points for the commitment of development funding by local political subdivisions, states that the TDHCA HOME Program funds will not qualify for points in this category “unless a resolution is submitted with the application from the Local Political Subdivision authorizing that the Applicant act on behalf of the Local Political Subdivision in applying for HOME or Housing Trust Funds from TDHCA for the particular application.”

Be it therefore resolved that:

[city/county of x, (or ____ Housing or Development Corp, x’s statutorily authorized instrumentality)] appoints [applicant] to act on its behalf in applying for TDHCA HOME funds for [name of development].